Amended bill lifting lifetime ban on food aid for Nebraskans with a past drug felony advances

LINCOLN — A measure to remove a lifetime ban on public food assistance for Nebraskans who have served sentences for drug felonies passed another hurdle Wednesday.

An amended Legislative Bill 319, designated as a priority by Bellevue State Sen. Victor Rountree, advanced on a 31-14 vote to final reading.

State Sen. Victor Rountree of Bellevue. (Zach Wendling/Nebraska Examiner)

Current Nebraska law offers a narrow exception to the ban for people with one or two drug possession or drug use felony convictions. They can access Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as food stamps, if they have completed a licensed and accredited treatment program.

Rountree’s bill would open the door for other felony drug offenders who currently can’t access SNAP benefits, as long as they’ve completed their sentence or are on parole or under post-release supervision.

An amendment that passed Wednesday, on a 32-14 vote, added a requirement that those with three or more felony drug convictions undergo a substance abuse treatment program to be eligible, unless a licensed health care provider determines that treatment is not necessary.

State Sen. Mike Jacobson of North Platte. (Zach Wendling/Nebraska Examiner)

State Sens. Mike Jacobson of North Platte and Carolyn Bosn of Lincoln worked with Rountree on the amendment. Bosn said she did not think that food should be withheld as a form of punishment.

Jacobson said he felt strongly that a treatment component be included. He believes addiction is not a choice and is a disease that requires a constant and lifelong commitment to stay clean. 

“If we want to try to keep them from reoffending, we need to give them every opportunity to try to be gainfully employed. And that starts with putting food on the table,” Jacobson said. 

He said 152,000 Nebraskans currently receive SNAP benefits and the proposed legislation, if enacted, could add about 1,000 more. SNAP benefits are fully paid with federal funds, though administrative costs are split between the state and federal government. 

State Sen. Carolyn Bosn of Lincoln. (Zach Wendling/Nebraska Examiner)

A fiscal analysis said the Nebraska Department of Health and Human Services could absorb the additional workload of administering the expansion without additional cost unless demand proved larger than anticipated.

State Sens. Kathleen Kauth of Omaha and Bob Andersen of Sarpy County were among those voicing continued opposition. On first reading April 10, the measure moved forward on a 32-5 vote. Kauth said a concern was taxpayers “being on the hook” for chronic offenders.

“At some point we have to put a barrier up that says, ‘If you continue to make these choices to engage in criminal activity, the taxpayers deserve to say no more,’” she said.

Andersen said the state pays for prosecution and incarceration. He added, ”At what point do we stop feeding the beast … At what point do we quit being enablers?”

State Sen. Robert Dover of Norfolk. (Zach Wendling/Nebraska News Service)

State Sen. Rob Dover of Norfolk characterized himself as a conservative who does not promote rewarding people for bad behavior. He said, however, he believes punishment should not be prolonged after a person has paid their debt.

“If you think someone should suffer longer, increase the sentence then,” he said. “It should not just go on and on and on.”

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